The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) Agency--A board, commission, department, or other
entity created under Texas law that has statewide jurisdiction and
makes rules or determines contested cases, other than an agency wholly
funded by federal appropriations, the legislature, the courts, and
institutions of higher education.
(2) APA--The Administrative Procedure Act, Texas Government
Code, Chapter 2001, as it may be amended.
(3) Applicant--A person who by written application,
including appeals, seeks a remedy from the Commission.
(4) Authorized representative--The individual designated
in writing as representing any person or party before the Commission
pursuant to these rules, including an attorney authorized to practice
law in the State of Texas.
(5) Business day--A calendar day that is not a Saturday,
Sunday, or official state or federal holiday.
(6) Commission--The Railroad Commission of Texas acting
through a majority of the Commissioners or through a Commission employee
to whom the Commissioners have delegated authority.
(7) Commissioner--One of the elected or appointed members
of the Railroad Commission of Texas.
(8) Complainant--A person who files a complaint with
the Commission as specified in §1.23 of this title (relating
to Complaint Proceedings), regarding an act or omission of the Commission
or a person subject to the Commission's jurisdiction.
(9) Contested case--A proceeding in which the legal
rights, duties, or privileges of a party are to be determined by the
Commission pursuant to the APA after an opportunity for adjudicative
hearing, as specified in Subchapter G of this chapter (relating to
(10) Director--The individual appointed by the Commission
who is in charge of a division or section within the Commission. Subject
to Commission directive or other Commission rules, a director may
delegate the director's authority to another Commission employee.
(11) Division--An operating or administrative unit
of the Commission.
(12) Docket--To assign a docket number to and create
a file for a contested case.
(13) Docket number--A reference number assigned by
the appropriate division or the Hearings Division to a contested case
and used to identify that case.
(14) Docket Services Section--The section within the
Hearings Division, under the supervision of the Hearings Director,
that administers docketed cases pursuant to this chapter.
(15) Examiner or hearings examiner--An individual appointed
by the Commission to conduct hearings, including an administrative
law judge, a technical examiner, and other designated employees of
(16) Final order--The Commission's final written disposition
of a contested case, whether affirmative, negative, injunctive, or
(17) Hearings Division--The division responsible for
scheduling, conducting, and preparing recommendations on hearings
concerning matters within the Commission's jurisdiction.
(18) Intervenor--A person, other than an applicant,
complainant, petitioner, protestant, or respondent, who is admitted
as a party to a contested case pursuant to §1.37 of this title
(relating to Intervention).
(19) License--The whole or a part of a permit, certificate,
approval, registration, or similar form of permission issued or granted
by the Commission.
(20) Office of General Counsel--The division responsible
for providing legal advice to the Commission, comprising the Enforcement
Section and the General Counsel Section.
(21) Party--A person named or admitted as an applicant,
complainant, petitioner, intervenor, protestant, or respondent in
a contested case before the Commission.
(22) Person--An individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, government, governmental subdivision, agency, instrumentality,
public corporation, or any other legal or commercial entity.
(23) Petitioner--A person who by written petition,
including appeals, seeks a remedy from the Commission.
(24) Pleading--A written document submitted in a contested
case by a person or authorized representative setting forth allegations
of fact, legal arguments, claims, requests for relief, or other matters.
Pleadings may take the form of applications, petitions, complaints,
protests, exceptions, replies, motions, responses or answers, or other
requests for action.
(25) Proceeding--A formal hearing, investigation, inquiry,
rulemaking, or other fact-finding or decision-making process.
(26) Protestant--A person opposing an application or
petition submitted to the Commission.
(27) Protested contested case--A contested case in
which a party appears and contests or opposes the relief sought, including
relief sought in applications, petitions, show-cause proceedings,
(28) Register--The Texas Register established by Acts
of 1975, 64th Legislature, codified in Texas Government Code, Chapter
(29) Respondent--A person against whom any complaint
has been filed, who is under formal investigation by the Commission,
or who is the subject of a show-cause proceeding.
(30) Rule--A Commission statement of general applicability
that implements, interprets, or prescribes law or policy, or that
describes the Commission's procedure or practice requirements. The
term includes a newly adopted rule and the amendment or repeal of
an existing a rule but does not include statements concerning only
the internal management or organization of the Commission and not
affecting private rights or procedures.
(31) Rulemaking--The process to adopt a new rule or
to amend or repeal an existing rule pursuant to Texas law.
(32) Show-cause proceeding--A formal opportunity for
a respondent to present evidence challenging allegations made against
the respondent or to oppose a proposed action concerning the respondent.
(33) Telephony--Includes conventional telephonic communication,
Voice over Internet Protocol (VoIP) communication, and all forms of
digital audio and audio/video tele-conferencing.